Ankit Anand Jha @ Bittu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11338 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== ANKIT ANAND JHA @ BITTU JHA Son of Sri Ajay Kumar Jha Resident of Village - Shahpur, Ward No. 8, P.S. - Sonbarsa Raj, District - Saharsa. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application for grant of anticipatory bail arises out of Special (Excise) Case No. 05 of 2020, disclosing offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the prosecution Report, is that the Excise Officials, on the basis of secret information, raided the poultry farm of the petitioner and recovered 120 litres of country-made illicit liquor and 189 litres of illicit foreign liquor.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.11338 of 2020(2) dt.11-06-2020 2/3 petitioner is innocent and has falsely been implicated in this case inasmuch as no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner. He, referring to paragraph 7 of this application, submits that the said poultry farm does not belong to the petitioner and also that the land, upon which the said poultry farm is situated, is not owned by the petitioner. He next submits that the petitioner has got no criminal antecedent.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that the poultry farm does not belong to the petitioner and the land, on which the poultry farm is situated, is also not owned by the petitioner and that the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Saharsa, in connection with Special (Excise) Case No. 05 of 2020, subject

Patna High Court CR. MISC. No.11338 of 2020(2) dt.11-06-2020 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √